as at: 14.03.2018
This web site has been compiled with the greatest possible care. In spite of this COOL COVERS cannot guarantee that the information contained therein is free from errors and accurate. Cool Covers shall accept no liability for damage arising directly or indirectly from using this web site whether caused by malice aforethought or gross negligence on the part of Cool Covers or others.
Copyright 2018 Cool Covers. All rights reserved.
Right to technical amendments, printing errors, omissions and general errors reserved. All dimensions and illustrations are non-binding.
General terms of business
These General Terms of Business apply in their current version to all business relationships between COOL COVERS, hereinafter called “COOL COVERS”, and their customers.
1. Area of validity
1.1 The conditions below apply to the supply of goods and other services by COOL COVERS.
1.2 These terms of business apply exclusively; any customer conditions that conflict with or differ from these terms of business will not be recognised unless COOL COVERS has specifically agreed to this in writing.
2. The start of the contract
2.1 The range shown on COOL COVERS’s server or in COOL COVERS’s printed catalogue does not represent a legally binding offer but a non-binding online catalogue or printed catalogue.
2.2 The customer will order the goods or services required by filling in the online order form or the printed order form in the catalogue in full and sending it off. The contract will come into force when COOL COVERS and the third-party supplier accept this offer. It is not necessary to send the customer an order confirmation. The
2.3 The Internet customer will confirm that he accepts the general terms of business when he places the order. The general terms of business will be acknowledged by the customer whether he fills in an order form or not.
3. Due date, payment and delay
3.1 The purchase price is due immediately. Payment of the purchase price may be made by a credit card accepted by COOL COVERS at the time of the contract being concluded, PayPal or in cash.
3.2 All prices are in Sterling, include VAT at the statutory rate and are subject to alteration.
3.3 The following applies to deliveries in the UK:
3.3.1 Despatch: Normally despatched by post or courier at our discretion and choice
3.3.2 Payment for despatches within UK
Credit card: We need your credit card number, security code and expiry date. The fee includes postage, packing and processing. It is also possible to order in writing, telephone, e-mail or by fax.
3.4 If the customer does not pay on time, COOL COVERS is entitled to demand delay interest of 5% above the current base rate. COOL COVERS’s right to claim higher damages remains unaffected by this as does the customer’s right to claim lower damages.
4.1 The customer is entitled to cancel his declaration of intent to conclude the contract within 30 days of receiving the goods by returning the goods to COOL COVERS in full and unused in the original packaging. Dispatching the goods in good time will be sufficient proof that the deadline has been observed.
4.2 Your postage costs for returns will be refunded in accordance with UK Distance Selling Regulations
4.3 In the case of cancellation COOL COVERS will refund any money already paid to the customer. For transfers abroad only transfer fees will be deducted. Legal provisions apply to any benefits or profit drawn up to cancellation.
5. Reservation of proprietary rights
5.1 Goods supplied by COOL COVERS remain COOL COVERS’s property until all contractual requirements have been fulfilled as well as any other claims that COOL COVERS subsequently makes against the customer in direct connection with the goods supplied for whatever legal reason. This also applies when payments are made for specific requirements
5.2 Before transfer of ownership the customer will only be entitled to these goods with the prior written approval of COOL COVERS. If a third party seizes the goods, particularly if the goods are impounded, the customer must inform COOL COVERS immediately in writing and also point out to the third party immediately that COOL COVERS has proprietary rights.
6. Guarantee, examination and complaint obligations
6.1 COOL COVERS guarantees that the goods do not have any defects that would reduce or nullify their value or their suitability for normal usage or the use to which they are to be put in accordance with the contract. If the reduction in value or suitability is only minor this can be discounted.
6.2 The guarantee period is 12 months and begins when the goods are handed over to the customer. Defects in the goods will be corrected by COOL COVERS after being informed of this by the customer within this guarantee period. COOL COVERS will decide whether to replace or repair the goods.
6.3 The customer must examine the goods immediately on receipt and, if a fault is detected, must inform COOL COVERS of this, describing the fault in writing within 7 days. The same applies to faults that are discovered later. If the customer is not a businessman, he is only required to complain about obvious defects. If COOL COVERS hears nothing to the contrary within the specified time the goods are considered approved.
The following procedure must be carried out for goods damaged in transit:
If a package arrives clearly damaged, it must be opened in the presence of the postman/delivery driver. The postman/delivery driver will issue a damage confirmation certificate. With damage in transit that is not obvious, i.e. damage that the customer is not aware of until after he has opened it, the customer must take the package to the post office and obtain a damage certificate. It is not possible to accept a claim for damage without this document.
6.4 Returns without postage paid cannot be accepted.
6.5 If an attempt at repair is not successful within a reasonable time and it also fails within a further reasonable period of time set by the customer, the customer can claim a reduction in the price or cancel the contract.
6.6 COOL COVERS is not liable for consequential damage and moreover, only under the conditions in paragraph 7. Liability for assured characteristics and for deceit remains unaffected by the rulings in paragraph 6. Further guarantee claims cannot be made.
6.7 If the complaint is unfounded COOL COVERS reserves the right to claim reimbursement of the costs incurred from the customer.
7.1 COOL COVERS has unlimited liability for damage caused by the failure of characteristics that COOL COVERS has assured and for damage caused by malice aforethought or gross negligence on the part of its legal representatives or employees.
7.2 Liability for damage caused through minor negligence of a single COOL COVERS employee is not included here if no cardinal obligation has been infringed in accordance with paragraph 7.3.
7.3 Liability for other damage that arises for the customer through COOL COVERS’s delay, through an impossibility caused by COOL COVERS or through the infringement of an obligation that must be observed in order to fulfil the contract (cardinal obligation), such damage will be limited to damage that is typical and could be foreseen because of the way the goods are used under the terms of the contract.
7.4 In the case of paragraph 7.3 liability is also limited to an amount equal to double the purchase price paid for the order in question.
7.5 There is no further liability, particularly for damage that has not occurred to the goods themselves, for lost profits or damage to other customer assets.
7.6 The above rulings also apply to COOL COVERS’s staff and agents.
8. Data protection
8.1 If it has not been agreed to the contrary, COOL COVERS will only use the personal data in this contract in order to perform the contract. The customer’s permission is required to use this information for market and opinion research and for advertising.
9. Final conditions
9.1 Changes and amendments to this contract must be in writing to be effective. There are no oral secondary agreements.
9.2 If it has not been agreed to the contrary, the customer may not transfer rights and obligations from this contract to a third party without COOL COVERS’s prior written agreement. COOL COVERS will only deny this agreement with good grounds.
9.3 If a provision of this contract is or becomes invalid, the other provisions remain valid. The contractual partners will agree to replace the invalid provision with a valid one that best corresponds to the economic aims of the contractual parties. The same applies if there is a loophole in the contract.
9.4 This contract is subject exclusively to the material law of the United Kingdom with the exception of the UN convention on the purchase of movable items.
9.5 Place of fulfillment is the COOL COVERS head office in Hereford. If the customer is a businessman or if his business headquarters is not in the UK, the parties agree that any disputes arising from the implementation of this contract will be dealt with by the Hereford district court.